Image: Tom Horn braiding a rope in the Laramie County jail office in Cheyenne, 1902. (Public Domain)

Several historians have subsequently doubted whether Horn murdered the boy, indicating that the jury condemned him merely because of an intoxicated admission of guilt that Horn purportedly made to a deputy sheriff. Also, the jury did not give sufficient credence to the evidence presented by several reliable eyewitnesses who argued that Horn could not have committed the crime. Yet it is not disputed that Horn was a violent killer-for-hire who was most undoubtedly liable for several other deaths.

Born in 1860 in Memphis, Missouri, Horn showed a capacity for hunting and marksmanship from a young age. After moving to the western United States during the mid-1870s, Horn became an army scout, cowboy, miner, deputy sheriff, and packer for the Rough Riders in Cuba. Still, his most recognized career was as a hired gunman. Horn initially worked for the Pinkerton Detective Agency, which hired him to track down and detain – violently if needed – criminals who were preying on Pinkerton clients, like banks and railroads. Yet, after four years as a Pinkerton, Horn had become weary; in 1894, he was hired as a hitman with the Wyoming Cattlemen’s Association. For many years the Wyoming cattlemen had been waging a vigilante war in Johnson County against a varied group of sheep ranchers, small farmers, and rustlers opposing their authority. By 1894, harmful public exposure had made an open war too damaging. Instead, the ranchers moved towards more covert methods, hiring Horn to use his gun-toting skills to ambush and murder any man the ranchers deemed a menace. He often shot from as far away as 200 yards, thus remaining hidden from most of his victims.

On July 18, 1901, Willie Nickell, the 14-year-old son of sheep ranchers Kels and Mary Nickell, was shot and murdered near their home on Iron Mountain, Wyoming, amid a dispute over his father’s unauthorized use of cattle rancher Jim Miller’s grazing land. Then on August 4, Kels Nickell was shot and wounded. Between 60-80 of his sheep were found “shot or clubbed to death.” Two of Nickell’s children observed two men leaving the area on horses. On August 6, Deputy U.S. Marshal Joe Lefors and Deputy Sheriff Peter Warlaumont came to Iron Mountain. They arrested Jim Miller, along with his sons Victor and Gus, for the attempted murder of Kels Nickell. They were incarcerated on August 7 and released the following day on bond. The investigation into the shooting of Kels Nickell was combined with an analysis of Willie Nickell’s murder in the coroner’s inquest.

Deputy Marshal Joe Lefors later interrogated Tom Horn in January 1902 about the murder of Willie Nickell under the guise of talking to him about employment. Horn was still drunk from the previous evening, but Lefors managed to extract what he called a confession to the murder. Horn allegedly admitted to murdering the young boy with his rifle from a distance of 300 yards (270 meters), which he bragged was the “best shot that [he] ever made and the dirtiest trick that [he] had ever done.” Horn was apprehended the next day by the county sheriff.

Horn was backed by his long-time friend and employer, cattle rancher John Coble. He gathered a defense team supervised by former Judge John Lacey and included four attorneys. By this time, the large cattle outfits had found Horn “expendable.” The case was a way to suppress his voice regarding their actions. One hundred Wyoming Stock Growers Association members paid $1,000 each for the defense, but they wanted little effort to be put into his defense.

Horn’s trial commenced on October 10, 1902, in Cheyenne, which filled the courthouse with people drawn by the infamy of Horn. The Rocky Mountain News noted the carnival mood and significant interest from the public clamoring for a conviction. The prosecution introduced Horn’s confession to Lefors. Only particular sections of Horn’s statement were introduced, warping his statement. The prosecution presented testimony by at least two witnesses, including Lefors, and circumstantial evidence; these components only put Horn in the general area of the crime scene. During the trial, Victor Miller declared that Horn and he both had .30-30 guns and purchased their ammunition at the same store. Another witness, Otto Plaga, stated that Horn was 20 miles (30 kilometers) from the scene of the murder one hour after it happened.

Glendolene Kimmell testified during the coroner’s inquest, stating she felt that the Miller and the Nickell families were accountable for maintaining the feud. Still, she was not called as a defense witness. She had quit working at the school in October 1901 and moved away from the area but was in touch with people in the case. Horn’s trial was sent to the jury on October 23, and they returned with a guilty verdict the next day. A few days later, Horn was sentenced to death by hanging.

Horn’s lawyers petitioned the Wyoming Supreme Court for a new trial. While incarcerated, Horn penned an autobiography, Life of Tom Horn, Government Scout, and Interpreter, Written by Himself. It primarily gave a version of his early life and spoke little about the case.

The Wyoming Supreme Court endorsed the decision of the District Court and refused a new trial. Convinced of Horn’s innocence, Glendolene Kimmell forwarded an affidavit to Governor Fennimore Chatterton with testimony stating that Victor Miller was responsible for the murder of Willie Nickell and that Tom Horn was innocent. The affidavits’ contents appeared in the press, but the original manuscript has vanished. The governor decided not to intercede in the case. Horn was hanged in Cheyenne on November 20, 1903.

Subscribe to “History Daily with Francis Chappell Black” to receive regular updates regarding new content:

Help us with our endeavors to keep History alive. With our daily Blog posts and our publishing program we hope to inform people in a comfortable and easy-going manner. This is my full-time job so any support you can give would be greatly appreciated.

Donations – History Daily With Francis Chappell Black (history-daily-with-francis-chappell-black.com)